Sponsored
    Follow Us:

Archive: 29 January 2023

Posts in 29 January 2023

Department not filed Affidavits-in-opposition: HC stays section 148A(d) order

January 29, 2023 720 Views 0 comment Print

VRV Trading Co Private Limited. Vs Union of India & Ors (Calcutta High Court) 1. These intra-Court appeals have been filed by the writ petitioners against the order dated 22nd November, 2022 in W.P.A. No.23437 of 2022/ W.P.A. No.23438 of 2022 in and by which the learned Single Bench had declined to grant any interim […]

Appeal cannot be Condoned after 4 years if delay not explained by assessee

January 29, 2023 1392 Views 0 comment Print

Hrishikesh Mega Township (P) Limited Vs Income Tax Officer (ITAT  Kolkata) In this case satisfied that the assessee has nothing to say in support of its alleged bogus share capital claim. Apart from the above, we also notice that impugned order was passed in 2016 by the ld. 1st Appellate Authority, whereas appeal has been […]

ITAT deletes Addition for Cash Gift from Uncle and Aunt

January 29, 2023 2286 Views 0 comment Print

It is pertinent to note that to meet the emergency situation of additional expenses by the assessee the assessee has obtained cash not only from assessee’s father and mother but also the close relative i.e. the maternal uncle, maternal aunt as well as paternal uncle and paternal aunt and the said relation cannot be doubted by the Assessing Officer.

Interest on home loan for house acquired for residence of directors is allowable 

January 29, 2023 1707 Views 0 comment Print

During the appellate proceedings, the assessee has submitted that it has taken loan for purchase of two residential properties which have been allotted to two Directors for their residential purposes. It was submitted that the perquisite value on account of residence has been accounted for in the income of the Directors and has been offered for taxation.

High turnover is a ground to exclude a company from list of comparable companies

January 29, 2023 1020 Views 0 comment Print

ITAT held that high turnover is a ground to exclude a company from the list of comparable companies in determining ALP, held that there were contrary views on the issue and hence the view favourable to the Assessee laid down in the case of Pentair Water (supra) should be adopted.

LO doing preparatory activities in India not constitute PE under Article 5 of India Switzerland DTAA

January 29, 2023 867 Views 0 comment Print

The LO does not constitute a fixed place through which business of assessee is carried out in India. Employees of the LO do not negotiate, finalise or discuss the mechanics of contracts including pricing with the assessee’s customers. As such the employees of LO merely act as a communication link between the assessee and the airline companies. The LO did not carry any activity, beyond that permitted by the RBI. The activities carried by the LO are thus, preparatory (auxiliary) in nature. The activities/operations of the assessee in connection with the contracts are carried from outside India.

Section 114A penalty attracted only to person who is liable to pay custom duty or interest U/s. 28

January 29, 2023 3009 Views 0 comment Print

Section 114A of Customs Act, 1962 ibid deals with imposition of mandatory penalty in certain cases. As per the Customs Act it is the importer who is to file the bill of entry to the proper officer u/s. 46 ibid while importing the goods and the assessment has to be made on that bill of entry and on such assessment, the duty is levied

Demand for Cenvat credit cannot be raised based on bald SCN

January 29, 2023 690 Views 0 comment Print

Without any single evidence of taking credit in SCN, the SCN is bald & proceedings flowing from said SCN liable to be quashed on this threshold point itself.

Failure of department to update its portal, cannot be permitted to result in any sort of prejudice to Petitioner 

January 29, 2023 897 Views 0 comment Print

The failure on the part of the Respondents to update their official portal, cannot be permitted to result in any sort of prejudice to the Petitioner, Notwithstanding the fact that an order of assessment has been passed in gross violation of principles of natural justice.

Section 54 exemption eligible on brokerage for purchase of house property & on architect fees

January 29, 2023 3117 Views 0 comment Print

Renu Ratnakar Bhattacharya Vs CIT (Appeals) (ITAT Mumbai) It is the case of the assessee that at the time of purchase of house property the assessee paid brokerage to the tune of Rs.2,50,000/- at the rate of 1% of the agreement cost of the new property to one Mr. Rajesh Mahendru. The assessee brought on […]

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031